Auckland RC – 3 March 2007 – Race 9

ID: JCA20190

Hearing Type:
Old Hearing

Rules:
871.1.d, 1122.2

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Auckland RC - 3 March 2007

Race Date:
2007/03/03

Race Number:
Race 9

Decision: --

DECISION & REASON:

Following Race 9 an information was filed pursuant to Rule 871(1)(d) when it was alleged by the informant, Mr C George, that Mr M Walker, rider of STOLEN THUNDER allowed his mount to shift in approximately 200 metres after the start when not sufficiently clear of REDOUTES DANCER (V Colgan) who was forced in tightening VOLOCE BELLA (J Collett) on to PORIKA TRACK (M Hills).

Mr Walker admitted the charge.

Mr J Oatham demonstrated the video films and showed that at approximately the 200 metre mark Mr Walker allow his mount STOLEN THUNDER to move inwards which caused tightening to REDOUTES DANCER (V Colgan) VELOCE BELLA (J Collett) and PORIKA TRACK (M Hills). Mr Oatham stated that Mr Walker was not the required distance clear of REDOUTES DANCER when he moved across. He pointed out to the committee the severe crowding received by the above runners on the inside of STOLEN THUNDER, ridden by Mr Walker.

Mr Walker, while pleading guilty did make a brief statement. He said that if he had not taken REDOUTES DANCER across the way he did that horse would not have got into the position he did.

Penalty Decision:

The committee gave careful consideration to the penalty, which is to be imposed. In reaching a conclusion they took into account a number of factors including the provisions of Rule 1122(2). This is not intended to be an exhaustive list.

The degree of carelessness involved
The stage of the race at which the incident occurred
The degree to which any other horse or horses were affected
The status of the race
The stake payable in respect of the race
The defendants riding record over the last 12 months or so.

The incident occurred in the early stages of the race. Mr Walker's mount started from the outside barrier draw. He came across at a sharp angle to take up the running around mid field. Some interference was caused to REDOUTES DANCER as a result of Mr Walker not being sufficiently clear as he made his sharp inwards movement. In this committees opinion it is in the early stages of a race where there is a large field that particular care is required. All horses are running keenly and there is a lot of movement as riders endeavour to position their mounts in a manner which accords not only with riding instructions but in accordance with horse and rider safety.

Mr Walker did not seem to show consideration in either regard and this we consider that Mr Walker's degree of carelessness was at the higher end of the scale. We comment at this point that it was of some concern to hear Mr Walker say to us words to the effect that "REDOUTES DANCER would not have got into its running position if I had not taken him over in the way I did". A sinister interpretation of that statement is that Mr Walker's actions were deliberate, in which case a more serious charge of dangerous or even foul riding might have been appropriate.

However, we will give Mr Walker the benefit of the doubt by placing a moderate interpretation on his statement to the effect that Mr Walker did not mean to take REDOUTES DANCER across in the way that he did, but as it turned out, in his opinion, it was fortuitous for REDOUTES DANCER in that it gave that horse a favourable running position.

The incident occurred in a Group 1 status race, which was for a total stake of $700,000. Those matters have a significant impact on the penalty to be imposed.

Mr Walker's riding record over the past 12 months is quite good in that he was suspended for 3 days in June 2006 for careless riding, but it is an aggravating feature that he was suspended by this committee for careless riding for 5 days, earlier in the day as a result of an incident in a Group 3 race.

Mr Walker pleaded guilty to the charge at an early opportunity so he must be given credit for that.

Chief Stipendiary Steward, Mr C George, submitted that the penalty of a minimum of 6 days should be served concurrently with the penalty of 5 riding days imposed earlier in the day.

Mr Walker did not have any submissions on the question of penalty, although we are cognisant of Mr Walker's protest to us earlier in the day of him missing at least two premier race days.

Having balanced the aggravating and mitigating features of this charge we are firmly of the view that a minimum of 7 days is called for.

We now have to decide if the penalty should be served concurrently with the penalty imposed earlier in the day or served cumulatively on that penalty.

As a matter of sentencing principle, penalties are generally served concurrently if they are imposed in relation to several charges relating to the same incident.

In this case, we are imposing a penalty with regard to a seperate and distinct incident arising out of a separate race, therefore the penalty will be served on a cumulative basis. We note that not only is such an approach in accordance with sentencing principles, but there is a precedent for such an approach. Mr Chad Ormsby received three separate penalties over two days in October 2006, and served those penalties cumulatively.

In setting penalty we note that Mr Walker has informed the committee that he generally only rides in the North Island but he did expect to ride at two meetings in the South Island.

Accordingly, Mr Walker is suspended from race riding from the beginning or racing on Thursday 22 March 2007 until the conclusion of racing on the 4^th April 2007. For Mr Walker this constitutes seven riding days as it incorporates two South Island days.

For the avoidance of doubt the combined effect of the penalties imposed, is that Mr Walker is suspended from race riding from the conclusion of racing on the 7^th of March 2007 until the conclusion of racing on Wednesday the 4^th of April 2007.

RM Seabrook, Chairman KG Hales

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 47d1c9fce13c0bbc8431cef75998565a

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 03/03/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Auckland RC - 3 March 2007 - Race 9

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

DECISION & REASON:

Mr Walker admitted the charge.

Mr Walker, while pleading guilty did make a brief statement. He said that if he had not taken REDOUTES DANCER across the way he did that horse would not have got into the position he did.

Penalty Decision:

The degree of carelessness involved
The stage of the race at which the incident occurred
The degree to which any other horse or horses were affected
The status of the race
The stake payable in respect of the race
The defendants riding record over the last 12 months or so.